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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Seperation and Finances?

  • mick_dan
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12 Jul 07 #1323 by mick_dan
Topic started by mick_dan
Change of plan here, my wife now wants to seperate first but be amicable with finances, my concern is we split, sell house and get our own but leaves it open to come back for more money in divorce????

  • Princess Fiona
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12 Jul 07 #1324 by Princess Fiona
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You could brave the wet and cold and move up here to Scotland. Then you can work out a binding Separation Agreement based on the assets at the date of separation and divorce with consent after a year:silly:

Seriously, perhaps you could put it to her that there's not much point in spending time and money negotiating separation then go through it again for divorce. You could suggest that she petitions using UB and agree between you acceptable reasons. As petitioner she would have the slight advantage of controlling the timing.

Alternatively you could do as she suggests. A formal Separation Agreement in E&W isn't watertight but if it's reasonable and fair, and she's had legal advice, a court would be unlikely to change much in the future.

The other option is to file for divorce regardless of her wishes and risk it being a catalyst for a cycle of provocation and retaliation.

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12 Jul 07 #1326 by mick_dan
Reply from mick_dan
Thanks for your input... I agree divorce is more final but I guess the missus wants to give it one last shot... what is agreement in E&W ??? and can you do this online?

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12 Jul 07 #1327 by Princess Fiona
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When I said 'Separation Agreement in E&W' I meant in England & Wales as opposed to Scotland, where a separation agreement is different and ties up all the finances and arrangements for children on divorce.

If you go for a Separation Agreement you could negotiate through mediation and take a copy of what is agreed to sol to look over, advise and turn into a legal document. It really is best to get legal advice though, because without it a court could more easily overturn what was agreed.

I seem to remember in our case there was a clause saying I would apply for divorce by consent at a certain point so that there was some assurance that neither of us would change our minds about the reason the marriage broke down, and it was clear who would make the application and when.

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